No. 14-15-00234-CV

I n the Court of Appeals For the Fourteenth District of Texas

Houston, Texas

Human Biostar, Inc., Appellant vs. Celltex Therapeutics Corporation A ppellee

Appeal from the 434 th Judicial District Court of

Fort Bend County, Texas Trial Court Cause No. 12-DCV-202563

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

Mr. Bruce C. Tough State Bar No. 20151500 Tough Law Firm, PLLC 819 Crossbridge Drive Spring, Texas 77373 btough@toughlawfirm.net telephone: (281) 681-0808 telecopier: (281) 281-0809 Lead Counsel for Appellant Human Biostar, Inc. ACCEPTED 14-15-00234-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 4/20/2015 1:02:09 PM CHRISTOPHER PRINE

CLERK2 No. 14-15-00234-CV

In the Court of Appeals For the Fourteenth District of Texas

Houston, Texas

Human Biostar, Inc., Appellant vs. Celltex Therapeutics Corporation Appellee

Appeal from the 434 th Judicial District Court of

Fort Bend County, Texas Trial Court Cause No. 12-DCV-202563

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

NOW COMES Appellant, Human Biostar, Inc., to file its first m otion for an extension of time to file their Brief of Appella nt pursuant to Rule 10.5 (b) of the Texas Rules of Appellate Procedure. In supp ort thereof, the Appellant would respectfully show the Court as follows: 1. The Court has noticed the deadline for filing th e Brief of the Appellant on or before May 13, 2015.3

2. In accordance with Texas Rules of Appellate Pro cedure Rule 10.5 (b), Appellant Human Biostar, Inc. requests th is first extension of time of thirty (30) days to file the Brief of Appellant in reliance upon the following reasonable facts to explain the need for an extensi on, shown as follows:

2a. A motion for reconsideration of the order of t he trial court confirming the arbitration award and to vacate the arbitration award and grant a new arbitration in the underlying trial matter in Fort Bend County, Texas, filed by RNL BIO Co. LTD. n/k/a K-Stemcell Co., Ltd ., is set for April 27, 2015 and may render moot the necessity for the appeal. 2b. Appellant’s counsel also requests this extensi on out of an

abundance of caution in the event that demands on t he time and resources of Appellant’s counsel become overwhelming. 2c. Appellant’s counsel is lead counsel on several trial matters for which trial court settings are scheduled. Appellant ’s counsel is scheduled for a two-week trial court setting to commence on April 27, 2015 in the 125 th Judicial District Court of Harris County. Appellan t’s counsel is scheduled for two two-week trial court settings scheduled during the two-week trial period of May 18, 2015 in Harris County, Texas, one in the 80 th Judicial District

Court and the other in the 234 th Judicial. It is further anticipated that a twoweek trial court setting will be re-set in a matter in the 125 th Judicial District4

of Harris County in May or June. One of these tria l matters presumably has been settled; however, because a settlement agree ment has not been executed and a judgment filed, the possibility of t he matter going to trial remains a possibility. These foregoing matters will require extensive time and preparation. 2d. Appellant’s counsel was retained in this appel late matter shortly before the March 16, 2015 notice of restricted appe al was filed and has been in the process of familiarizing himself with the hi story and issues in this case. 3. No previous extensions of time have been sought by Appellant. 4. On April 18, 2015, Counsel for Appellee Celltex Therapeutics Corporation, Grant Cook, emailed our office that hi s client was opposed to the motion to extend. Counsel for Appellant also co nferred with the counsel for Appellant RNL BIO Co. LTD. n/k/a K-Stemcell Co. , Ltd. who indicated

consent to the motion to extend the time to file th e Appellant’s Brief. 5. Based on the foregoing, Appellant Human Biostar, Inc. prays that this Court will grant the extension of time to file the Brief of the Appellant Human Biostar, Inc. for thirty (30) days from May 1 3, 2015 until June 12,

2015.5 Respectfully submitted,

T OUGH L AW F IRM , PLLC /s/ Bruce C. Tough Bruce C. Tough btough@toughlawfirm.net email State Bar No. 20151500 819 Crossbridge Drive Spring, Texas 77373 (281) 681-0808 telephone (281) 681-0809 telecopy L EAD C OUNSEL FOR A PPELLANT H UMAN B IOSTAR , I NC

.6 Certificate of Service I hereby certify that a true and correct copy of th e foregoing document has been forwarded by e-filing and e-service to all lead counsel of record, on this 20th day of April, 2015, as follows:

**Grant Cook GREENBERG TRAURIG, LLP**  **1000 Louisiana, Suite 1700 Houston, Texas 77002**  P HONE : (713) 374-3500 F AX : (713) 374-3505

R ICHARD L. T ATE S ARAH V IDA T ATE , M OERER & K ING , LLP **206 South Second Street Richmond, Texas 77469**  **Phone: (281) 341-0077 Fax: (281) 341-1003** 

A TTORNEY S FOR P LAINTIFF C ELLTEX T HERAPEUTICS C ORPORATION Paula E. Hughes **11815 FM 756 Whitehouse, Texas 75791**  **Tel. (903) 839-8106 Email:**  **pehughes11@yahoo.com** Attorney for RNL Bio Co Ltd N/K/A/-Stemcell Co. Ltd

/s/ Bruce C. Tough Bruce C. Tough